TRANSLATED FROM THE FRENCH,

WITH AN INTRODUCTION, APPENDIX, AND NOTES,
ILLUSTRATIVE OF THE ENGLISH LAW ON THE SUBJECT.
BY WILLIAM DAVID EVANS, Esq.

LAW PRINTER TO THE KING'S MOST EXCELLENT MAJESTY.

FOR JOSEPH BUTTERWORTH, LAW-BOOKSELLER, FLEET-STREET
AND J. COOKE, ORMOND-QUAY, DUBLIN.

1806.

L 3701

APR 8 1931

IV. Of the Rule that a Person can only stipulate or

promise for Himself

V. Of the Interpretation of Agreements

-

32

35

VI. Of Injuries and Neglects

40

VII. Of mutual Agreements

41

VIII. Of Apportionment

44

XIV. Of Confufion or Extinguishment

116

XV. Of the Statutes of Limitations and of Prefump-

tis founded on Length of Time

XVI. Of the Law of Evidence

120

No. XVII. Of the Diftinction between Law and Fact, and

the Effect of Ufage upon the Law

329

360

XIX. Selections from the Pleadings of D'Agueffeau

preceded by an analytical Account of their

Contents

437

447

APPENDIX.

ΤΟ

POTHIER ON OBLIGATIONS.

NUMBER. I.

ANFORD LIBRARY

(Referred to, Vol. I. p. 28, 29.)

Of Illegality in Contracts.

N adverting more particularly 'to contracts which are void as being illegal in their nature, I shall not at present dwell upon thofe exceptions which are perfonal to the immediate parties to the contract, as being founded upon fraud, extortion, or any undue ad vantage taken by one party of the neceffities of the other, but (difmiffing fuch with the general remark, that the English courts of law and equity will, in every cafe attended with those circumstances, decide according to the great principles of universal justice,) fhall proceed to fome obfervations refpecting contracts, the illegality of which is founded upon reasons of public utility and moral rectitude. Wherever an engagement is entered into with a view to contravene the general policy of the law, no form of expreffion can remove the fubftantial defect inherent in the nature of the tranfaction; the law will investigate the real object of the contracting parties, and if that is repugnant to the principles established for the general benefit of fociety, it will vitiate the most regular inftrument which ingenuity

can contrive.

This subject was most ably difcuffed by Lord Ch. J. Wilmot in the cafe of Collins v. Blantern, 2 Wilf. 347. A bond in the ufual form for payment of money was alleged to be given as an indemnity for a note entered into by the obligee for compounding a profecution for perjury. In support of the bond it was contended that no averment should be admitted of its being given upon an illegal confideration not appearing on the face of it. In the course of his judgment the Chief Juftice used the following expreffions: "The manner of the tranfaction was to gild over and conceal the truth, and whenever courts of law fee fuch attempts made to conceal VOL. II. wicked

B